January 14, 2010

Chicago Lawyers Levin & Perconti File Nursing Home Negligence Lawsuit against The Renaissance at 87th

Chicago nursing home abuse attorneys Steven Levin and Margaret Battersby of Levin & Perconti filed a nursing home negligence lawsuit against the Renaissance at 87th nursing home in Chicago. The nursing home lawsuit alleges that the 92-year-old African-American woman died because the nursing home failed to properly care for her gastric tube. In December 2007, the woman received a gastric tube to receive food and medications and it malfunctioned. In May 2009, the resident’s g-tube fell out and the nursing home staff had to insert a Foley catheter to replace the tube.

The resident’s daughter then noticed changes in her mother’s condition and behavior. When the daughter brought this to the nursing home staff’s attention they ignored her complaint. On June 1, the Director of Nursing immediately recognized her urgent medical care. She was transferred to the hospital and died on June 2. The Illinois Department of Public Health launched an investigation and cited the Renaissance at 87th. Nursing home neglect lawyer Steven Levin stated that The Renaissance at 87th violated the Nursing Home Care Act by failing to provide the proper care to prevent the g-tube from malfunctioning. He added that as a nursing home lawyer, he oftentimes sees nursing home owners put profits before their resident’s needs. The resident’s daughter visited her mother daily and found that the staff had not bathed her or changed her undergarments. Many family members could not communicate their disapproval for the nursing care and had no advocates to speak on behalf of them. The Renaissance at 87th is among the many homes in Illinois that have a one star rating, the lowest possible, from the Centers for Medicare and Medicaid Services’ Nursing Home Compare Website.

December 2, 2009

Illinois Nursing Home Ratings Website Offers Free Membership

The holiday season is a time for giving, and, Gunther's Grades would like to offer three months of free membership to all new members during the month of December. For information on how to take advantage of this holiday special, go to www.gunthersgrades.com.

Gunther's Grades is a web meeting place where caregivers, families and friends can access, rate and share information regarding long-term care and facilities in Illinois.

Visit Gunther's Grades to view ratings of Illinois nursing homes submitted by other families and caregivers.

October 21, 2009

Illinois Task Force Hears Concern about Mentally Ill in Facilities

Social workers, residents and advocates filled a hearing room to demand that Illinois stop using nursing homes to house younger adults with mental illness, including felons who police say assaulted, raped and even killed elderly and disabled housemates. The panel members heard a cascade of criticism and questions about the state’s decades-long pattern of channeling younger, mentally ill felons into facilitates that house geriatric and disabled residents. Illinois needs to stop institutionalizing people in nursing homes who are only there because of a mental illness. Currently Illinois houses about 15,000 people whose primary diagnosis is a mental illness. It is estimated that roughly 10,000 mentally ill residents could be moved into less institutional settings within five years if the state moved numbers around in the budget. Under Illinois law, all incoming nursing home residents are given a criminal background check and assessed for the risk they pose to other residents if felonies are discovered. However, these screenings can take too long and residents are at risk for nursing home abuse in the meantime. To read more about the nursing home hearing, please click the link.

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October 11, 2009

Study Shows Poorly Performing Nursing Homes

According to the Government Accountability Office almost 4 percent of the nation’s 16,000 nursing homes could be considered “the most poorly performing” of standards of nursing homes. The most poorly performing home’s tended to be chain-affiliated, for-profit and have more beds and residents. To identify the worst homes in the nation, GAO applied CMS’s Special Focus Facilities methodology on a nationwide basis and made refinements to the methodology that “strengthened” GAO’s estimate. The most poorly performing nursing homes had notably more deficiencies. The National Consumer Voice for Quality Long-Term Care has identified that four Illinois nursing homes are Special Focus Facilities that include:

Pekin Manor in Pekin, Illinois
Shawnee Rose Care Center in Harrisburg, Illinois
Embassy Health Care Centre in Wilmington, Illinois
International Village in Chicago, Illinois

To read more about the nursing home study, please visit the NCCNHR’s website.

August 21, 2009

Death at Burnham Terrace Home may be the Result of Nursing Home Abuse

In April of 2009, Levin & Perconti discussed the death of a nursing home resident in the village of Burnham, located in the southern suburb of Chicago. This death may have been the resident of nursing home abuse. The victim died on April 1 from injuries he sustained during an altercation, which may have been at the home. A further autopsy revealed that the man died from multiple person injuries he sustained during the attack. To read about this nursing home abuse, please click the link.

The Chicago nursing home neglect lawyers at Levin & Perconti have represented victims of poor care at Burnham Terrace in the past. If you believe a loved one has suffered injury or death as a result of nursing home negligence at Burnham Terrance, contact our offices at 312-332-2872 for a free consultation with an experienced Chicago nursing home lawyer.

June 30, 2009

Expose shows that Quality of Care in Black Seniors’ Nursing Home is Drastically Behind that of White Seniors

While Cynthia and Earl Wade look through a photo album, they remember their mother who was rushed to an emergency room less than 10 days into her stay at the International Nursing and Rehab Center. Their mother had explicit instructions on her medical chart not to administer dialysis through her left arm. However, the nurse ignored these explicit directions and inserted a needle into her left arm, sending her to the nursing home. Unfortunately, Luzella Wade could not recover from her injuries, and wrongfully died. Her attorney Steven Levin filed a lawsuit on behalf of the family in Cook County for the wrongful death of their mother. However, the story goes deeper, when the Chicago Reporter investigations revealed that this type of nursing home negligence occurs more in black nursing homes than those in white. In fact, Illinois has the highest number of poorly rated black nursing homes nationwide. Additionally nearly 85 percent of black nursing homes got the lowest rating for nurse staffing. To read more about the inadequacies in nursing homes, please read the Chicago Reporter.

May 30, 2009

Disparaties in Care Found in Alden Nursing Homes in Chicago

The wrongful death of an 85-year-old Chicago nursing home resident launched an investigation by The Chicago Reporter to determine the qualities of nursing homes throughout Illinois. The investigation found that the specific South Side nursing home has the worst rating that any home can receive and that residents get less than half the time each day with staff than residents at a predominately white facility in Evanston which is operated by the same owner. If this nursing home negligence lawsuit is filed, it will be the 14th in Cook County court against the Alden nursing homes between 2004 and 2009. That’s more than three times the elderly neglect lawsuits than half of the city’s 91 nursing homes, with the median number being four. Schlossberg has ownership in 30 homes in Illinois. An analysis of those homes revealed that there were racial disparities in the care that that residents received. Each of the three predominately black facilities received the lowest possible nursing home rating. The two facilities with the highest ratings had 84 percent white residents. Residents at the predominately black homes received much less staff time than residents of the white facilities. For example residents at the Evanston location received 5.53 hours of care per day, while the Harvey facility received 1.73 hours per day. The investigation also found that the disparities between black and white homes were even greater where at least 75 percent of care was paid by Medicaid. The idea that race plays a role a facility’s quality of care is greatly disturbing fact recovered by this investigation.

To read more about the disparities in nursing homes, please click the link.

For a map of the Schlossberg nursing homes in the Chicago land area, please click the link.

February 6, 2009

Illinois Nursing Home Changes Look

Sunny Hill Nursing Home in Joliet, Illinois is changing its facility to allow their residents more independence. Schedules that once were set in stone are now more flexible and accommodating. The residents can decide when to wake up, when to bathe, when to exercise and what to eat. Usually nursing homes run like hospitals, where residents had cemented routines, were sometimes heavily medicated or physically restrained to avoid disruption, and had few choices about how to live out their years. The transformation under way is part of a national reshaping of nursing homes to make needs and preferences of residents central to operations. Legions of health-care advocates have pushed for more nursing homes to adapt these practices. A study released show that a third of the country’s 16,000 nursing homes have adopted cultural-change practices and another quarter of the homes are moving in that direction. The federal government is also urging a change in the way nursing homes are run. To read more about the Illinois change, click here.

December 18, 2008

Nursing Home Rating System Open to Public

The Centers for Medicare and Medicaid Services has created a new ranking system for nursing homes. The system which appoints between one and five stars to nursing homes will allow the public to review a nursing home before placing a loved one in the facility. The rating system looks at staff levels which are crucial for proper nursing home supervision and to prevent elder accidents such as broken hips and nursing home falls. The system also looks at inspection reports based on past nursing home complaints, usually related to elder abuse and elder neglect. This new rating system also looks at quality control measures to ensure that nursing homes are run appropriately. To read more about the new nursing home ranking system click here.

December 16, 2008

Choosing a Nursing Home in Illinois Made Easy-Part I

The new Medicare Nursing Home Compare Website can be used by Illinois residents to pick a nursing home that they feel comfortable and secure placing their loved one in. Several Illinois nursing homes have received poor ratings on the new Medicare sponsored website. Levin & Perconti attorneys specializing in nursing home abuse and elder neglect cases have brought several nursing home lawsuits against the homes which received poor rankings. Levin & Perconti have filed lawsuits for elder neglect, elder abuse, resident injuries some resulting in surgery and even death against the following nursing homes:

Warren Barr Pavilion
International Village
Alden Lakeland Rehab & HCC
Renaissance at Hillside

To research more nursing homes on the Medicare website please click here.
If you or someone you love may have been harmed in a nursing home please contact the attorneys at Levin & Perconti.

September 4, 2008

Illinois Nursing Homes: How to Pick a Home to Prevent Nursing Home Lawsuits, Abuse and Neglect

Choosing an Illinois nursing home for a loved one can be a difficult decision. The media and news reports dictate that often nursing home falls, nursing home abuse, nursing home neglect and nursing home deaths are the norm. However there are many free services that exist to help someone choose an Illinois nursing home appropriate for the level of care, supervision and monitoring that a nursing home resident deserves to receive. In Chicago, Illinois a free resource is offered through the Illinois Department of Public Health so that one is able to look at how many past complaints, violations and penalties have been given to an Illinois nursing home. In today’s world this free internet source is invaluable and may be one of the best ways to prevent a nursing home lawsuit from occurring and preventing the need to contact a nursing home lawyer in the future. Many gimmicks exist to try to have individuals pay for reports on the quality of nursing homes but the nursing home lawyers at Levin & Perconti believe that the reports from the Illinois Department of Public Health are an invaluable source of information. To access the website click here.

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June 23, 2008

New Help in Evaluating Nursing Homes

When 84-year-old John DeBias’ health began declining a few years ago, he was forced to abandon his condo in Florida and return to Carpentersville, Illinois, to live with his daughter. However, five months ago, John broke his leg and then suffered a heart attack during surgery and, as he continued to get worse, living with his daughter, Karen, a single working mother, became impossible since she simply did not have the time to devote to her ailing father and in-house health care was not enough. It was then that John was forced to move into a nursing home. Since January, John has lived in multiple Illinois nursing homes. He is finally in one that works for the family, but getting there was difficult. Most of the nursing homes put a good show on for the residents’ families, but care ends up being inadequate and seniors are left to fend for themselves more than they are able. A stint in one nursing home left John with weight loss of 13 pounds in two weeks, urinary tract and yeast infections, a shoulder injury from being pushed and pulled around, dehydration and malnutrition, and pressure sores.

Unfortunately, this is not a unique story for nursing home residents. In 2003, nation-wide state Long Term Care Ombudsmen programs collectively investigated 20,673 complaints against nursing homes and board and care residents. The Nursing Home Transparency and Improvement Act of 2008 is aimed at improving consumer knowledge about the quality of nursing homes. Some ways the Act is achieving that goal is by: (1) posting nursing home ownership details, a standard complaint form, and links to inspection reports on www.medicare.gov; (2) increasing the maximum fines from $10,000 to $100,000 for any nursing home deficiency that results in a death; and (3) independently auditing nursing home chains, allowing closer watching of chains that have failed to comply in the past. In addition, separate from the legislation, there will be a website by the end of the year that evaluates nursing homes on a five-star rating system.

Read more here.

June 19, 2008

Gold Stars to Be Used to Rank Nursing Home Safety

Gold Stars have found their place outside of a child’s classroom. In fact gold stars will now be used to rank nursing home safety and nursing home care levels. The Nursing Home Compare Website will soon feature the rankings to allow Americans to determine which nursing homes are safe and which nursing homes have experienced nursing home neglect and nursing home abuse issues. Nursing home inspections over the past 3 years will be reviewed to determine the home’s ranking between a level of one star (the lowest) to five stars (the highest). To see more about this advance that will help nursing home choices become easier for individuals click here.

June 10, 2008

American Geriatrics Society's New Report on Assited Living Facilities

The American Geriatrics Society has promulgated a new position statement regarding nursing home care. The American Geriatrics Society believes that Assisted Living Facilities may benefit seniors over the care offered at long term nursing homes. Nursing home abuse, nursing home neglect, nursing home failure to supervise and other concerns have prompted a need to look at alternative care facilities. To read the full report of the American Geriatrics Society recommendations click here.

May 1, 2008

Levin & Perconti Founder and Senior Partner John Perconti Interviewed on ABC News about Rosewood Nursing Homes

Levin & Perconti Founder and Senior Partner John Perconti was interviewed Chicago’s ABC affiliate about the dangers of uninsured nursing homes. The report focused on Rosewood Nursing Homes, specifically the Rosewood Inverness nursing home where a resident died after falling while abandoned in a washroom for an extended period of time. According to Perconti, the nursing home has now taken a defensive position. This case highlights the dangers of uninsured nursing homes: when a nursing home is at fault for a resident’s nursing home abuse and neglect, the victim deserves just and reasonable compensation for their injuries. An uninsured nursing home can attempt to escape responsibility. In fact, some Rosewood Nursing Homes are insured by foreign corporations that do not follow US laws and are not subject to jurisdiction in US courts.

See the video here.

April 25, 2008

Centers for Medicare and Medicaid Services Adds New Website to Disclose Bad Nursing Homes

The Centers Medicare and Medicaid Services Nursing Home Compare website has added a new section that allows viewers to see information on nursing homes and identify homes that have drawn increased federal scrutiny for complaints and other forms of nursing home abuse and neglect. The website includes a listing of Special Focus Facilities which are nursing homes that receive increased federal inspection as a result of past poor performance. Notably, five Illinois nursing homes made the list. Embassy Health Care Center in Wilmington, IL and Harrisburg Care Center of Harrisburg, IL are both on the “not improved” list. Facilities that have shown improvement include Alden Park Strathmoor in Rockford, Berkshire Nursing & Rehab in Forest Park, and International Village in Chicago.

See here for the report and view the website here.

US Senate Begins Consideration of Nursing Home Transparency and Improvement Act

The US Senate has begun consideration of a new act that would raise the bar on nursing home care nationwide and attempt to curb nursing home abuse and neglect. The Nursing Home Transparency and Improvement Act, S. 2641, would shed light on the quality and operation of nursing homes and implement new standards for care. Specifically, the Act would provide public information on the owners/operators of nursing homes, the staff turnover, nurse staffing levels, and penalties the home receives for poor care. Together, this information will help elder advocates and nursing home abuse and neglect lawyers to get a better sense of an individual home’s quality of care.

Additionally, the Act would require independent audits of nursing home chains and increase sanctions on chains with chronic problems of nursing home abuse and neglect. Facilities in violation would face increased civil penalties including fines up to $100,000 when a resident dies from nursing home abuse and neglect. Facilities would also have to pay fines into escrow accounts pending appeals.

Other provisions include a requirement that facilities give 60 days notice when they plan to close and allow for continuation of Medicare and Medicaid payments until residents are successfully relocated and a provision to provide for studies of temporary management and training of nurse aides and supervisors.

Visit NCCNHR to learn more here.

April 11, 2008

Some State Laws Block Public Access to Records of Nursing Home Abuse

A recent state law change highlights the need for family members to stay current with their loved ones’ care in nursing homes. Previously, an Iowa state law effectively blocked public access to state nursing home inspector findings and reports of nursing home abuse. This law made it even more difficult for family members to choose the right nursing home and often hid possible incidents of nursing home abuse.

The new law requires immediate disclosure of state inspector findings of nursing home abuse and neglect for public review.

See the full story here.

Continue reading "Some State Laws Block Public Access to Records of Nursing Home Abuse" »

April 9, 2008

Elder Abusers Increasingly See Jail Time and Criminal Fines

A man who has been accused of running an illegal nursing home facility now faces up to six years in prison and $12,000 in criminal fines. The man is accused of abusing an elderly man in his care at the illegal nursing home facility. The reports of abuse included a tennis ball sized ulcer resulting from a bed sore, extreme weight loss and malnourishment, dehydration, withholding medication, and canceling doctor appointments. During this abuse, the nursing home operator charged the victim’s family $4,000 a month. This story highlights the importance of family members being involved and informed: family members should be sure to stay current with trends in the nursing home industry and learn how to spot signs of elder abuse.

Read the full story here.

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July 31, 2007

Study shows Oklahoma nursing homes in bad shape

Tulsa World, an Oklahoma newspaper, recently did a report on the state of nursing homes in the nearby area. The study found that more than half of the assisted living homes inspected in Oklahoma last year were cited for medication problems, violating patient rights or housing patients whose needs exceed the level of care the homes are licensed to provide. Oftentimes, the homes have flashy brochures that portray a very different style of life than what is actually experienced by the residents who live there. Elder abuse lawsuits can arise out of mistreatment to the residents of these homes.

Click here for the full article